James Henry Howe
How Judge Howe rules, drawn from 1 signed order. Every observation links to the order it came from.
How Judge Howe decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Howe treated pleaded fraud as sufficient to invoke concurrent equitable jurisdiction even where a legal remedy also existed.
“The allegations of fraud confer the power upon the equity court dn both cases.”
Procedural preferences
Howe allowed amendment after sustaining a demurrer against improperly joined individual defendants.
“The demurrer must be sustained as to the defendants Abbey, without costs to either party, plaintiff to amend his complaint within ten days, if he so elects.”
Cautions
Howe would not charge a married surety’s separate estate without an express instrument or a benefit to that estate.
“equity will not enforce it against her estate, without an express instrument making the debt a charge upon it.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“I think these cases dispose of the demurrer, and that it must be overruled as to the defendant bank.”
“The demurrer must be sustained as to the defendants Abbey, without costs to either party, plaintiff to amend his complaint within ten days, if he so elects.”
Caseload & timing
From public federal docket records for this judge.
No assigned docket records were returned for Howe’s tenure, so no caseload mix or case-duration summary is available.
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